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Ordinance 2007-53 '\"2,.'3!~ S;j lc~ ~~l~ / ' .t. i',,\ (( R~BVrn ') ORDINANCE NO. 2007- 53 <9<,,~ AN O~ ANCE OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE ?t>?~ 60, AS AMENDED, TO PROVDE THAT IN OR ALONG STREET OR ze; D CHARITABLE SOLICITATION PERMIT REQUIREMENTS DO NOT APPLY TO ORGANIZATIONS THAT ARE EXEMPT FROM FEDERAL INCOME TAXES UNDER SECTION 501(C)3 OF THE INTERNAL REVENUE CODE IF SUCH ORGANIZATION IS REGISTERED WITH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, OR IS STATUTORILY EXEMPT FROM SUCH STATE REGISTRATION, BUT MUST SUPPLY REQUIRED INFORMATION TO STAFF AND OTHERWISE COMPLY WITH THAT STATUTE'S OTHER SPECIFICATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE WHEREAS, the Florida Legislature is exempting each organization that is exempt from federal Income taxes under Section 501 (c)3 of the Internal ReveJ"jye Code and is registered as a charitable organization or sponsor with Florida's Department of Agriculture and Consumer Services or is exempt from such State . J registration, or is acting on behalf of such exempt organization/sponsor) is exempt from the solicitation provisions of Ordinance No, 87-60, as amended, but must provide that Statute's required information to County staff and must otherwise comply with that Statute's in or along the road/street requirements. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Subsection G in Section Three of Ordinance No, 87-60, as that Ordinance is amended, is hereby amended to read as follows: "G. This Ordinance does not apply to political campaigning nor to any individual authorized by law to engage in authorized in-the-road activity, such as, and not limited to, on-duty law enforcement officer in the performance of duty, or authorized activities of employees at tool booths. Charitable solicitation activities on or alonq streets/roads not maintained bv Florida, and to be conducted bv an oraanization exempt from federal income taxes under Section 501(c)3 of the Internal Revenue Code. and is either reqistered as a charitable orqanization or sponsor with Florida's Department of Aariculture and Consumer Services. or is exempt from that State reaistration (or is an individual or oraanization actinq on behalf of such exempt oraanization/sponsor), is exempt from the solicitation provisions of this Article. but must comply with Section 316,2045. Florida Statutes. includina providina all listed information and proof to County staff," SECTION TWO. Conflict and Severability, The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose in the interest of public health, safety, welfare and/or convenience. If any section, phrase, sentence or portion of this Ordinance is for I Words Underlined are added; Words Stmelc ThrSHgll are deleted. any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and an independent provision, and such holding shall not affect the validity of the remaining portions thereof, SECTION THREE. Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida, The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FOUR. Effective Date. This Ordinance shall become effective upon filing with the Department of State PASSED AND adopted by the Board of County Commissioners of Collier County, Florida, this 26th day of June ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ,~t~(G~((C ~ , Deputy CI~rK', ,,'. ",' ,":- .-",' ': 'M;test' ''8(,C:l ;!~f1'\ ~n<i.M. '.'"":. it4A';.\'.K~v.~;i~-~ - 'I~,. ,"-", . By: /;i~~ .MMES COLETTA, Chairman Approved'CI$,t9form and legal sufficiency: By: - OJ . 1',_' I G ,11,\ IiI [h..-- Thomas C. Palmer, Assistant County Attorney This ordinoncr,; {,1,.-;,1 with th-::~ ~cr'1tary of State's Office th'<1 ~dayof I~ ,~, and acknowledgement of th", filinq"received this ~ ,:;" ~~~~ of 1 "IC'-~~ DoP"'" c.... 2 Words Underlined are added; Words Struek TmsHgh are deleted. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-53 Which was adopted by the Board of County Commissioners on the 26th day of June, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of June, 2007. DWIGHT E, BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ~~~~ \~(~~~k By: Teresa Polask~/" , . Deputy Clerk .'